IFC and UN Cooperate on Study of Investment Contracts and Human Rights
In Washington, DC:
Ann Pasco
Phone: +1 (202) 473 9167
Email: apasco@ifc.org
Washington, DC, August 07, 2007 – IFC,
a member of the World Bank Group, and the United Nations Secretary-General’s
Special Representative on Business and Human Rights, Professor John Ruggie
of Harvard University, launched today a joint study on foreign direct investments
and human rights.
This joint study aims to examine the relationship
between the protection of investor rights and the human rights obligations
of the host states. Some contracts between investors and host governments
include clauses that either freeze the laws that apply to the investor
or allocate compensation for the costs incurred by the investor to comply
with new laws. The study will look at the potential impact of these clauses
on the host states’ ability to adopt and implement new human rights laws,
in areas such as labor, protection of the environment and the provision
of essential public services such as water.
The research will be published by IFC in
early 2008. It will inform recommendations by the Special Representative
in his next report to the UN Human Rights Council due in the spring of
2008.
Both the Special Representative and IFC recognize
that companies have an important role to play with respect to human rights.
The Special Representative and IFC want to identify what this means in
concrete terms in the negotiation and design of contracts between the investor
and the host government.
Professor John Ruggie stated, “This project
is about finding the right balance between the investor’s legitimate interest
to protect an investment and the host state’s duties to protect human
rights. If elements of investment agreements have unintended negative consequences
on a host state’s ability to protect human rights, this is a problem for
everyone, and will affect the sustainability of the business relationship
as well as human rights. The goal is to understand if such unintended consequences
exist, and if they do, to recommend tools to avoid such problems.”
IFC is pursuing this project to inform itself
of current developments in the area of foreign direct investments and sustainable
development, so that it can provide better advice to clients and the private
sector at large on best practices that balance the need to protect investor
rights and public policy prerogatives of the host government. Rachel
Kyte, Director of IFC’s Environment and Social Development said “IFC
is especially proud to support John Ruggie in this mandated work because
of the prospect of developing concrete contract negotiation tools to ensure
integration of project risk allocation and management, respect for human
rights and sustainable development. Such an outcome makes for better
investment and will carry benefits for investors, lenders, governments
and communities alike.”
About IFC
IFC, a member of the World
Bank Group, fosters sustainable economic growth in developing countries
by financing private sector investment, mobilizing capital in the international
financial markets, and providing advisory services to businesses and governments.
IFC’s vision is that poor people have the opportunity to escape poverty
and improve their lives. In FY06, IFC committed $8.3 billion, including
syndications, to 284 investments in 66 developing countries. For more information,
please visit www.ifc.org.
|